The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-21

CAnvagSing SPOKE
ment and turbulence of the occasion; that he
a lawyer and appeared there attorney
looking after the interests of three different
clients Sheriff elect King. County Clerk elect
Sullivan and Recorder-elect Brink They had
employed him. not knowing what questions
might arise, and they had been elected to lucra-
in many years that the Democrats had control
or canvassing board; that they
new hands, unfamiliar with
their duties and powers. Many papers
were not properly fitted out and gotten up in
clerical form He said it was natural. reason
able and proper that these inspectors. whoever
they were, should have Information as to what
was necessary and that if he whispered to them
talked to them in an aside 1t was simply De-
cause of his connection as an attorney. do
concluded, II have been under the same imputa-
ton of fraud. though the newspapers. as others
and have been placed under Indictment | am
for myself. I am not going to commit perjury
for ybody and am perfectly willing to testify
to everything know in these cases.
The Court-Let the witnesses for the govern
ment be called and sworn-al who are hero.
A dozen persons stood up and were sworn by
Clerk Butler
The Court-Who will you have first2
District Attorney Sellers-It is a singular
coincidence but the first and last thing the gov
eminent want in this case is justice. Call JUS
G. Adams.
Mr.. Adams county recorder, identified the
records of the Marion County Commissioners
Court of which he is clerk, containing the APP
pointments of INSPECTORS. The defense. to facil-
itate matters, admitted that the inspectors ware
QulY appointed. Bernnamer with the OLnerS.
Moses @. McLaIn, county clerk at the time
of the canvass of the vote of the county last No
vember was called. He identified the election
papers deposited with him Nov. 4, 1886,
after they were canvassed and stated that he
had delivered them on the 10Th or 18th of No
vember. that year. to Noble c. Butler, clerk of
the United States District Court These were
the papers of the second precinct, Fourth ward.
of which john Ell. CounselmaE was inspector;
second precinct, Thirteenth ward, Allen Hisey,
Inspector; first precinct. Seventeenth ward,
nd 0ah1ar nrQrinct
Eighteenth ward John Edwards. inspector; first
precinct Twenty-third ward. Lorenz Schmidt.
Inspector; third precinct thirteenth e ward'
Stephen Matter. inspector: precinct No. b tI3el-
mont Center township. Joel II. Baker, inspect
or.
The tally-sheets and papers after
another handed to the witness for Identification,
and there quite "A futter among the conspi-
rators these tell tale rolls were opened.
Jason b. Brown objected because the evidence
related to matters arising before the commission
of the crime charged. The court overruled the
objection. but Mr.. Brown said the point would
be argued further
Mr.. McNutt-Who delivered these papers to
you2
The witness-Mr. Bernhamer, chairman of
the board.
Noble C. Butler, clerk of the federal court, tes-
tilted as to the time at which the election papers
came into his possession and that they had been
in his custody ever since. part of the time in
the joint custody OF Judge Turpie, as govern
ment attorney, and himself
John Sanders. No. 270 Bright street,
called. He was Democratic judge in the second
precinct, Thirteenth ward Before he had testl-
fed to anything material the hour Of 11:30 A NJ
having arrived, the court took recess until
p. NJ
Sanders was again called to the stand. He was
examined as to erasures, but his testimony was
given in a low voice, and the little that
heard was not definite.
Jason b. Brown objected to questions relating
to erasures made in the vote of Criminal Judge.
He said that an agreement must be- shown
he 6afA nfa
against the United States to give the court jurs-
diction He said that it averred in the in
dictment that the election was one at which a
Represeu tative in Congress was voted for, but
this is not a case for the mutilation of any paper
of any kind, but for conspiracy.
The Court said he understood the counsel to
assume that this Indictment charges conspiracy
simply with regard to the custody of the papers.
1t is a matter of evidence TO determine who is
connected with the unlawful possession of the
papers. and it is evidence to inquire who is
cerned with this mutiation
G. D. Hall was called. He was clerk of the
second precinct of the Thirteenth ward. He
recognized the tally sheet and his signature, as
we'll as the changes and erasures made in the
paper
Henry G. Werbe called. He was Repub-
lican Judge at the election OF Nov. 2. 1856
Papers were handed him by Mr.. Sellers for
animation. He recognized them returns of
the election made out by the board of his
precinct. He had taken possession of set OF
papers when through counting after the cleo
ton. He took them to the returning board the
following thursday, sometime between Ii ana II
o'clock. They had been in his possession up to
that time from the time they signed. He
deliver ed them on Wednesday morning, Nov.
4. to Mr. Hsey, the inspector. There were
no era sures made upon them while in his pos
session.
The witness. when ss-examined by Mr.. Nc
Mutt, said he had kept the papers during that
time in Chandler & Taylors safe, of which he
alone had the key. Mr.. McNutt wasted con-
siderable time trying to make the witness admit
there might be other keys to the safe carried by
had N1yv,0r rs =
ness said, was at the canvassng board when he
delivered these papers to him.
Allen Hisey was called. He was inspector at
the election held Nov. 2, 1885, in the second
precinct of the Thirteenth ward When asked
by Mr.. Sellers to examine the two sets OF pa
pers used in that precinct the set sealed in the
bag and the set canvassed by the board, the
witness said he could not tell from the other.
He then narrated the return Of the papers to
him by Mr.. Werbe, at the Circuit Court room
during the canvass, his giving the papers to
Samuel E. Perkins. who asked for them. their
return to him and his presentation of the papers
to the canvassing board. He said he had not
seen the papers opened and did not know that
nything had been done to them.
Otto Belser testified that he was clerk of the
second precinct of the Fourth ward. BE testi-
fed as to various changes and erasures that ap-
peared in the papers shown him by Mr.. Sellers.
Additions had been made to the tallies Of the
vote fer Ayres. candidate for criminal judge.
Abel f. Davis was called. He was one of the
judges of the second precinct of the Fourth
ward. He was present when the taly-sheet was
signed by the board Of judges after completing
the count of the vote. Two of papers were
made out. One set put in bag AID given
to John a. Coupselman, inspector. He wrapped
the other up and took it away. At that time he
thought he had a right to do so. He kept it
until Thursday, about 10 o'clock. wheC be gave
it to Counselman No erasures were made dur
ing the time it was in possession of witness.
Judge McNutt, on cross-examination. wanted
to know by what right the witness took the
papers.
Witness-I had received circular from the Repub-
ican county committee. L showed that circular to
the members OF the board. They made objection,
aud took them.
Queston-Did anybody look at them!
Nitness-Yes, sir; at my house. Wednesday.
about o'clock. County Commissioner Wharton and
Mr. tiornaday looked at them and got the footings.
Q-What political party did they belong TO!
The Court-What pertnency has that to the case?
ell Will let you put 1T, but cannot what rele
FANCY it have.
Witness-Mr Clinton, Republican; Mr.. Norma
day. can not tell.